A Brief Apology Against Sutcliffes Slanderous Accusations
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www.puritansearch.org
A brief Apology of THOMAS CARTWRIGHT against all such slanderous accusations as it pleaseth M r Sutcliffe in several pamphlettes most injuriously to load him with.
Pro. 13.5.
1596.
To the Reader.
I F thou be desirous (good Reader) to see the right portraiture of Innocency truly laid forth unto thee in her proper lineaments, then read this discourse which is not long. Being thou seest thus provoked as she is, or rather, to speak the truth, thus violentlie drawn into th'encounter by the wretched assaults of an unleavened mouth, yet mark, I pray thee, howe she caries her self, and how she comes armed into the field, Patience, Mildness, Truth, and a good Conscience. This is her armor, these be her weapons, and with these only she fights, repelling and striking back all the bitter darts that are thrown against her, only with, The Lord rebuke thee, and none otherwise. Far unlike to that babbling declaimour who left us this lesson of old: Si quam maledicēdo voluptatē coepisti, eam male audiendo amittes, &c. That is, If thou have taken any pleasure in speaking that thou shouldest not: Thou must loose it again by hearing that thou wouldest not. Well knew the defendour, that howsoever this might be pleasing to the fleashe, or keep descant with our corruption, yet he that says, Mihi vindicta, had taught him another lesson, namely, That it could in no sort suit with the sincerity of the Gospel, to give check for check, and rebuke for rebuke: And therefore it is that in his whole Apology he hath not given his adversary so much as one glance of reproach.
Let this then be thy Paterne (good Reader whosoever thou art) howe to wreastle with thy affections in the like assaults: It is lamentable I confess, that such unclean mouths as this should thus take their liberty to disgrace at will. But muze not at it, good Reader, it hath been so in all ages and will be so still: For so long as the Lord giveth Satā leave to buffet & assail his church, so long thou mayest be assured there will never want a Rabshakeh, a Shimei, or a Sennacherib to play their partes. Nevertheless, herein thou mayest comfort thyself, if thou mark how and in what sort this reviling generation is curbed, as it were, snaffeled and restrained by the powerful and righteous hand of God, that in the midst of their forwardness and boldness to blunder out what they list without blushing, they can hardly for their lives blunder out a truth, as if the Lord in his secrete judgment had purposely and apparauntly blasted their pen with a lying and distempered spirit. All which if thou find verified without all gainsay and exception in the writings of M r D. Sutcliffe and others of that hair, and withal if thou see these men that do thus headely and desperatlie lash on in disgrace of others, to be them selves in their several accusations so palpably taken tardie, that the very walls and stones of the streets may convince them of untruth: if I say thou find this to be true (and for proof thereof I refer thee to this short and modest defense) have patience in thyself and give the glory to God, who doth thus, thou seest, in his wisdom make a way and passage for the clearing of th'innocent, even thorough the mouth and malice of th'accuser him self.
Cōcerning such things as it pleaseth him so earnestly to father vpō Mr Cart. & others by heresay & report, I cannot but muze that a man of his coat and calling is no more smitten & abashed at it then he is, For presuppose that one should hear by report that M r Sutcliffe was once taken with false dice at Geneva, and thereupon being forced to fly the Town, should ever since bear a kind of inveterate hatred & malice to M r Beza and th'Elders there: This being known only to us by report (how true soever the thing might be in it self) I would fain know for my learning, whether this were aequalance, or how it might suit with any measure of indifferency, forthwith without any farther examinatiō to spread it abroad in print. And yet this you shall find to be an usual and ordinary course with M r Dean of Exeter, in his solemn informations and personal pleadinges against good men: Mark it who list in him, if the case concern any of these Disciplinarians, he is of that good nature & ready wit, that rather then he will be to seek for matter, he will not stick to rake the channel sometimes & take whatsoever comes next to hand, though it lie all to be trodden and trāpled on in the streets: yea and of that which I believe the poorest Scavenger in a town would be loath to stoop for, he with a little help and forbishing of M r Surveiour of Discipline, frameth for the most parte some irrefragable & tempestuous conclusion against these new plot-formers, and then forsooth to the Press it must in all post hast with some rhetorical varnish of Innovation: as if Quidlibet ex quolibet, or as if the poorest & most patched Record under the sun (that blusheth, it may be, to see the light) were evidence strong enough against a Precisian.
Now there be that think that of all other charges thus strangely and unworthily imposed upon this Reverend man, the charge of ignorance, and that his works should be a fardle of fooleries, is the most out of joint and approaching nearest to impudency. But sure for mine own parte I do not think so, neither do I see why his adversary might not with as great reason, yea and every way with as good a conscience appeache him of ignorance as of disloyalty. For allow that our Universities together with foreign Nations and Churches may sufficiently control the Reporter in the one, yet this letteth not but that the Countries and places of the Mans resiance, can, for need, give as plentiful testimony in the other. And therefore why a man of that easy gift and rolling vein, so slipper in the sear as Master Sutcliffe is, should make it more dainty to spare M r Cart. in his learning then he doeth in his loialty (having the like warrant and authority for both) I see neither reason nor sense. The best is, thou hast here by this means (good Reader) (in th'euennesse and equabilitie of the Dostors hand towards this man) an infallible line laid before thee, whereby thou mayest measure all the rest of his reproaches so vnconscionablie thrown upon others. For hath he dealt truly, modestly, charitably, and christianly with this man? Then make thou no doubt or question but he hath afoorded full as good measure to others. On the contrary, hath he made no bones hand over head and that beyond all compass of christianity to speak his pleasure of this man, being a man so notably graced in gifts, and one that hath so many vncontrollable evidences of his wise and dutiful carriage of himself? If he have done this (as the reading of this Apology will make it clear unto thee) Then what reason hast thou to marvel or think strange if thou see him now and then most foully and shamefully over-reach him self against others that are far short of this man in judgment and sufficiency?
It is written of Socrates, that being unjustly put to death without cause: while he was going to execution, his wife followed him aloof of howling and weeping and crying aloud: O my husband dieth guiltless, dieth guiltless. Wherevnto the good old man (looking back upon her with a frowning & angry countenance) replied thus: Why, thou foolish woman, wouldest thou have me die guilty? This being the speech of a heathen man, voied of the true knowledge of God, will rise up, I fear, in judgment against many of us that profess christianity in this age, whose common corruption is such, that when we are wrongfully burdened with any matter of disgrace, we frette at nothing more then that the thing is false that is so charged upon our heads. Why, if I were guilty (saith one) or if it were true that they report of me, it would never grieve me: whereas in truth (if we did rightly consider of it) it should grieve us and humble us most to be guilty, or that those things should be true that are thus blown abroad against us. Wilt thou know then (good Reader) howe to carry thyself when thou art thus iniuriouslie dealt with by any false charge or imposition? Look upon th'example of the holy Saints and servants of God in the Scriptures, and as thou seest them do, so do thou. Anna when she was charged by Eli to be druncken, did not frette or snuff at it, or look upon the man with a disdainful eye, but in much patience and modesty made answers Nay, my Lord, not so, I have drunk neither wyne nor strong drink, but have poured forth my soul before the Lord, count not thy handmayde a wicked woman, for of th'abundance of my grief have I spoken, &c. Saint Paul likewise, when he was charged by Festus, to be besides him self, was, we see, no whit distempered or inflamed with it, but made answer in all wisdom and reverence: I am not mad, most noble Festus, but I speak the words of truth and soberness, &c. This then must be thy course (good Reader) and these be the steppes that thou must tread in. Thou knowest whose counsel and admonishment it is, not to suffer as a malefactor: Look thou to that then in any case.
Keep thou still a good conscience, and let the clearness of thy heart, and innocence of thy hands be as a wall of brass unto thee, and leave the rest to the Lord, to do what seemeth good in his own eyes, And then if Satan do rage, or his instruments do revel or revile never so much, terming thee a drunkard, a mad man, a Traitour, a Conspirator, an Innovatour, or what they will else, be not thou troubled or dismayed with it, but rather rejoice and give God thanks. For if thou be able truly to say with the Apostle in the testimony of thine own heart, By honor and dishonor, By good report and evil report, as deceyuers and yet true, &c. Then (howsoever the bloudthirstie may gnashe and grind their teeth at thee) thy conscience may be at peace: and thou mayest cheerfully answer thy good friends (that are peradventure agrieued to see the falsehood and indignity of th'impositions laid upon thee) as Socrates did to his wife, Why my Masters would you have me suffer guilty, or be slandered and ill spoken of deservedly?
Thus doing what knowest thou, whether the Lord (who hath the hearts of all men in his hands) will make thy condemners to be thy clearers, and thy enemies thy friends, yea and turn all this storm and tempest of untruths to thy farther peace, clearing, & security in the end? For was there ever a more bitter and malicious enemy then Saul was to David? And yet we see how the Lord forced this wretched man (after many false surmises and unjust ielousies of treason and conspiracy against him) to pronounce sentence for David's acquitall in these words: Thou art more righteous then I. And who knows whether the Lord may work the like effect and remorse in M r Sutcliffe ere he die, even to force him in like manner (after all his bundle of outcries and unjust accusations) to pass the white stone on the behalf of th'accused, and him self to pronounce: That certainly Tho. Cart. & Steph. Egertō are much more righteous thē he, and thereupon to add farther as the same Saul did afterward, I have sinned, I have played the fool, I have erred exceedingly, in slandering and belying th'innocent. Sure I am, it were happy and thrice happy for him if he might live to do this of conscience. But whether he do or no, labor thou always (good Reader) so to walk as thou mayest not justly be touched, with anything that may be a stain to thy holy profession. And so harbouring still in thy breast the comfortable guest of a good conscience (as an asswagement of all the miseries and discontentmentes of this life) cease not to pray in the spirit for the peace of Jerusalem, and for her right excellent Majesty that hath been so long God's good instrument of that happy peace, That as Joshua commanded the sun to stand till he were avenged on his enemies, So the Lord would command this Sun-shine of our peace to stand and never to go down, till all the Enemies of his church be brought low to the dust. And as that was the longest day that ever was, so this (having been already by the mercy of God the happiest) may also prove by the power of God to be the longest reign that ever was: That the date of her life may (if it please the Lord) and with the last date and dissolution of this earth, to the continual bliss and renown of this Land, to the terror & amazing of the wicked, to the comfort and rejoicing of the godly, and to her own everlasting peace and happiness in the life to come.
A brief of Thomas Cartwright to the printed slaūders of M r D. Sutcliffe, Dean of Exeter, so far as they concern the same Tho. Cartwright.
HIs slanders are either in breach of necessary duties imposed upon all Christians: or in things which, in their nature being indifferent, are by him (in respect of mine estate) given out as things of no good report.
M r D. Sutcliffe's charge.
In the former kind is his charge of Conspiracie with Hacket and Copinger to a mutual communication with Copinger by word, writing and consenting, Fol. 10. p. 2. and fol. 44 p. 2. And that he did not dissuade him, but rather willed him that he should attempt nothing but by advise, and that he should be wise and circumspect: which words he setteth down in a diverse letter from the letter of his own book: as if they were words of a letter of Thomas Cartwright's to Copinger, fol. 48. p. 2.
T'hanswere of Thomas Cartwright.
Hacket was a man whom, to my knowledge, I never saw: so was Arthington, until he was freed of his prison he endured for his misdemeanor: with Copinger I had acquaintance upon occasion of M r Ambrose Copinger, chief officer to the right Honorable, th'Earl of Warwike; For, coming to his house necessarily for the settling of th'estate of th'Hospital of the right Honorable th'Earl of Leicester: there I met with this Copinger sundry times some three or four years before his lewed practice brake forth: with the former two I had never conference either by Letter or otherwise by message sent from them to me, or from me to them. Between Copinger and me touching this matter I am charged with, this only passed which followeth: Whilest I was in prison in the Fleere, M r Rafe Hockenhull propounded unto me, as things he desired to be resolved of in the behaulf of one of his acquaintance, [unspec 1] whether there were any Apostles, Prophets and Evangelists in these days, I answered that those callings ceased many hundred years ago, and as no Apostles were ever hereafter to be looked for, so the other two were not to be expected unless God in th'utter waste and desolation of the Church did extraordinarily raise them up for th'erection of a church out of the dust: And therefore that there was no use of such men amongst us. To a second question, [unspec 2] how and by what marks such a one as thought himself one of these, might in deed know whether he were so or not, I answered that this doubting of the matter, was an evident and an invincible argument that he was none: For that such as have a calling immediately from God, are not to ask counsel of fleash and blood; as those which have th'vnboubted testimony of God's spirit unto their spirits that they are called of him. Wherevpon M r Hockenhull telling me that it was Copinger which had entered into such conceit of him self: I desired him to deal with him for diswading him from such frantic opinions, which he told me he did accordingly. And afterwards, some while before his lewed practice brake forth, he admonished some of his kindred before Copinger him self, that if he belonged to him, he that day before the morrow would make him fast either in Bridwell or Bedlem. After some space of the demand of these questions, he sent by M r Hockenhull to entreat that he might come to me into the Fleet: For that if he might so do, he did not doubt but he would show me such evident tokens of an extraordinary calling, as I should have no power to deny it, and that he would for further security in this matter, come waiting upon M r Hockenhull in a blue coat. To whom I returned this answer, that if he came to me, I would not once so much as speak with him: For that his disease was of that kind as needed some other remedy then disputation. And if he desired to be resolved of the truth in that matter, there were other both for their learning & liberty more fit to deal with him then I was. Not long after this, the same M r Hockenhull told me that because Copinger might not come unto me, he had written me a letter, which he had sent by him, to whom I said, I would receive none from him, and so returned his letter without so much as once taking it into my hand or looking upon the superscription: Whereby may appear how untrue it is that I and Copinger had mutual conference by word and letters, to whom (in my knowledge) I never wrote in my life: assured I am, never since he entered into this wretched practice. After this I heard of M r Hockenhull, that Copinger would inform her Majesty of certain horrible treasons committed by personages of high calling, both in Church and common wealth: which as I always esteemed vain, knowing the broken wit of the man, so, when by report I understood the particulars thereof (which argued one bereaved of common sense) I desired old M r Michil that if Copinger came to the right Honorable my very good Lady the Countess of Warwick for her mediation unto her excellent Majesty for such matters as he would deliver: He would signify that, although I knew her wisdom otherwise able easily without any writing to sound his folly, yet that it would please her to take this notice of me (which otherwise she might be ignorant of) that he was overtaken with strange conceits of some extraordinary calling and gifts he was farthest from. Again this whole matter of Hackets Conspiracie, being by commission to certain of her Majesty's most honorable Counsel and other wise and grave men commended to be examined: I leave it to be considered whether M r D. Sutcliffe be so quick sighted as by him self and his Inquisitors, having (for anything I can learn) but the same grounds her Majesty's Commissioners had, to find out that which men of so great wisdom and circumspection, with so great means as they had of commandment over all that might bring any light unto that matter, could not find out: And whether this dealing of his be not some charge of want in them either of wisdom in not finding it out, or of fidelity in not once calling me to th'answer of it. Moreover, Arthington being compacte in this conspiracy with Hacket and Copinger, if there were any hand of mine in that wretched practice, in all likelihood Arthington must needs be privy unto it: he is a man alive let him be examined, and a man also whom I never spake too, nor caused to be spoken with in my life. His reasons to induce his reader to think his accusations to be true are (so far as I remember) these: The first is touching our mutual conference by letters, which is already answered: Another, my concurrence wtih Copinger in fasting. I confess that, as there was just cause of humbling myself in fasting, in feeling the displeasure of her excellent Majesty and others in great authority under her, so did I sometimes bestow myself in that exercise. But that I did it the same day that Copinger and his complices, or at the least with any notice either given to him of my fasting, or received from him of his fasting, I utterly deny as a thing most untrue. A third reason is, that Hacket and his fellows commended me at the cross in Cheape above the writers of our age: I acknowledge their great folly in that commendation or madness rather, who am scarce worthy to bear the books after many that have lived, and yet do live in this age, yea & in this Church of our lande. But M r D. Sut. report herein is not upright, for although I was not present, yet I heard of diverse (and therein refer myself to the remembrance of those that were standers by) that their excessive praise was of Thomas Cortwright, that had been sometimes when he first wrote in the cause of the Discipline of the Church, but not of him as he now was, for that (as was said) he was fain away from his former love. Lastly, that M r Cartwright (saith he) was a medler in those matters and well understood them, it appeareth by a letter of Io. Bowmans (servant in Oundle) to Wigginton: I desire you (saith he) to send me the copy of a writing which you had from M r Cartwright upon the Court matters, when goodman Hacket was with you the first time. M r Wigginton, I am assured, never received from me any writing during the time of my imprisonment or afterwards, or at any time of my life, to my best remembrance, whereof let M r Wigginton that liveth be examined. But if he had received a writing of the court matters in the star Chamber, how thereof it can be concluded that I was a medler in this matter, let all men judge, for my part I understand no sequel of it, upon all which both witnesses and reasons I leave it to be judged, how untrue it is that M r D. Sutcliffe doth charge me with touching the matter of Hacket and Copinger, &c. both in words, writing and consent, which never spake with them of it in my life, never wrote unto them, nor received writing or message frō them further then I myself have confessed: whereof let it also be further judged whether I was consenting to that wretched practice.
M r D. Sutcliffe's accusation fol. 13. p. 1.
Yea and Thomas Cartwright (they say) doth work extraordinary miracles: And fol. 58. p. 2. A legend of M r Cartwright his miracles, which passeth from hand to hand and is much esteemed amongst the brethrē is promised to come forth.
Th'answer of Tho. Cartwright.
Being (as I feel myself) short of th'ordinary works of my calling both in general duties of christianity, and in the particular way of the government of mine own family: woe should be unto me if I should vainly boast of miraculous works, which myself have especially written against, in condemning extraordinary callings whereof miracles are the seals: yet M r D. Sutcliffe seemeth to insinuate thus much (I say insinuate) for that the brethren he brandeth to have them in estimation (I doubt not) he meaneth to be men so favoring me as they would be loath to do it if they thought it would not stand with my good liking. Now let the town wherein I dwell be examined, whether any voice tēding hereunto did ever come from me. And, as I think, none can be produced that will glory in this folly: so my desire is, that when this Legend shall come forth, there may be for the credit of him that setteth it out, the names of the reporters, & likewise of the brethrē laid down that are guilty of the dotage he speaketh of, that thereby they may be cleared, or otherwise pass cōdamnation of the folly he chargeth them with.
M r D. Sutcliffe's accusation, fol. 45. p. 2.
Thomas Cartwright examined in the star Chamber upon certain points of her Majesty's Supremacy, refused to answer, and pleaded that he was not bound.
Thomas Cartwright's answer.
I refused it as esteeming it impertinent unto that cause, not otherwise, unto which afterward, upon commandment I gave answer in writing unto her Majesty's most honorable Counsel. And to her Majesty's supremacy I have been sworn (at the least) five or six times, and if there be doubt of any change of my judgment, I am ready to take th'oth again.
M r D. Sutcliffe's accusation.
M. Cartwright highly commendeth Fenners book, which giveth authority to superior persons to restrain their Sovereign, as th'Ephori in Sparta.
Thomas Cartwright's answer.
I take it M r Fenner giveth no such authority, but only where the laws of the lande do establish such an authority as the Ephori in Lacedaemonia had. And if M r Fenner did, yet how doth my Epistle commendatorie set before his book make me of his judgment, as if he that commendeth a book justifieth whatsoever is in the book, or as if, notwithstanding M r Fenners singular learning (which for his age many, I doubt not, both at home and abroad do esteem) I might not or do not differ from him in some things contained in his book: besides he him self confessing, that by oth in the star Chamber I have disavowed th'allowance of any such opinion which he fathereth of M r Fenner, let it be considered with what mind he so often rubbeth upon this point. And both for this and the former charge, I leave it to be considered with what Christian modesty M r Sutcliffe may now the second and the third time (and that in print) move question of those things to our discredit, which her Majesty's most honorable Counsel was pleased, should be no further proceeded in, and that he is not contented with that imprisonment we endured, which their Honors are satisfied with. Lastly, my judgment in sundry matters of the Discipline excepted, wherein differing from sundry learned men in our Church, I have the consent of many worthy Churches and godly learned both of this and other ages, I would be ashamed for that singular mercy God hath shown me by her Majesty's most gracious gouuernment to come behind M r Sutcliffe in any duty that my poor hand is able to reach unto. And that he dareth me not once but sundry times to answer touching these matters of Discipline, I think it not so fit for me to undertake it, there being so many better able thereunto then I, especially in this declining & forgetful age of mine. And yet if my answer might have either that allowance of print, or passage that his hath, and none other were found: I myself in this weakness I am in, would not be behind with answer to anything that he hath been able to allege in this behalf: If there be anything in his writings, the answer whereof is not already set down by such as have written in that cause: And that my silence in the cause of Discipline is not altogether either of th'inhabilitie or fear, M r D. Sutcliffe would so willingly fasten, or rather force upon me, let this be for an Argument, that where I was set on work by the right honorable Sir Francis Walsingham for th'answer of th'annotations of the Jesuits upon the new testament, & had traueled therein to a rude and first draught of a great part thereof: understanding from some in authority that I might not deal with it, I did not only not set anything out myself, but also earnestly labored by letters and friends here and in Scotland both the hinderance of printing some partes thereof, which being brought to Sir Francis afterward (much against my will) came into the hands of diverse to whom I would never have let them come.
M r D. Sutcliffe's accusation.
M r Cartwright upon the coming forth of Martin is reported to have said that it was no matter, if the BB. were so handled, seeing they would take no warning. fol. 48. p. 1.
Thomas Cartwright's answer.
Let it be judged what Christian love it is to committee such things to print upon a bare report. And if the reporters had been named as in other cases where he doth call out the persons by their names, the truth might have the better appeared: For me, I am able to produce witnesses, that the first time that ever I heard of Martin Marprelate, I testified my great misliking & grief, for so naughty, and so disorderly a course as that was. And therefore where fol. 51. pa. 1. he asketh when I will condemn th'unlawful and uncivil practice of Martin and Penry? I ask again what office or charge I have to publish condemnation upon every unlawful and uncivil writing that cometh abroad? And yet I have witnesses, that even publicly when I was allowed to preach, I condemned all dealing in that kind.
M r D. Sutcliffe's accusation, fol. 61. p. 1.
Extemporall prayers Tho. Cartwright commendeth most highly, as being uttered by the holy Ghostes secret inspiration: and scarce would be induced (when time was) to like of a prescript form of prayer. And in the margen is added, Thomas Cartwright's reply.
Thomas Cartwright's onswere.
Where, in my reply, or in treatise of what matter I remember not, nor M r Sutcliffe (I believe) shall ever show that Thomas Cartwright hath so little knowledge of divinity as to affirm that the extemporal prayers of any (how able soever in these days) are uttered by the holy ghostes secret inspiratiō. And in what place or time and in whose hearing could I scarcely be induced to like of a prescript form of prayer? The noting of these circumstances, which he doth diligently, yea curiously (where he thinketh they may serve the turn) would easily have bewrayed, th'untruth hereof. My continual practice in the ministry witnesseth against it, for in the space of five years I preached at Antwerpe and Middelborogh, I did every sunday read the prayer out of the book: And all the while I preached at Warwike there were few sermons I ever made there but (to my remembrance) I did shut up the prayer either before or after the sermon with the Lord's prayer: Besides that the prayer before the sermon ordinarily was a set and accustomed form of prayer howsoever I read it not out of the book, and likewise was that after the sermon some small part excepted, where in my prayer I applied some principal pointes of the doctrine the handled: All which I would not have done, if I had not allowed, yea well liked also a prescript form of prayer. And hitherto of the former kind of slanders concerning the breach of necessary duties imposed upon all Christians. The second of things indifferent in their own nature followeth: For as touching his charge of odious and ignorant railing, &c. I refer myself to indifferent judgment upon the books which are extant.
M r D. Sutcliffe's accusation in his former book, th'effect whereof is.
That notwithstanding Thomas Cartwright condemneth Executorship in other Ministers of the word, yet that he was content to be Executor to his brother Stubbes his will: Look also fol. 69. pag. 2. of his last book.
Thomas Cartwright's answer.
I was not so much as named in my brothers will, and to put of M r Sutcliffe's shift of answer he hath made to excuse himself in his latter book, that by the word of last will he would understand any conveyance lately made before his death, wherein trust was committed unto me: I answer, that my brother Stubbes did never either long before or soon after his death put me in trust with any of his worldly estate either by word or writing. Neither is there (as M r Sutcliffe surmiseth) any unkindness of my Brothers towards me, in not putting me in trust which would not that way be employed, or my unkindness towards him, who trusted him with my whole estate that way. And that my Brothers wife and kindred rested not satisfied with my dealing: either is an untruth of M r Sutcliffe's report, or a most causeless complaint of their behaulf. For where in regard of my wifes portion of two hundred pound, I had an annuity in fee-simple, for default of payment whereof after his death, (besides th'annuity and arrierages) I had a lease of a hundred years granted me of certain pastures to the yearly value of six pound by estimatiō for a pepercorne only I was content, to the end that the lands might be sold for the satisfying of my brothers creditors, freely and for naught to release my interest in that lease, which the law, for want of paiement of th'annuity, did evidently cast upon me: also to yield up mine annuity for the same sum of money I had paid to my Brother, without both which my Brothers lande would have found no convenient sale for the paiement of his creditors until this day. And of my dealing herein, I take witness of Sir Robert Iermin of Suffolk, M r Atkins & M r Tyndale of Lincolns Inn: who were (in deed) the men my brother trusted with his worldly estate: and who (in my judgment) aquitted the trust my brother reposed in them accordingly.
M r D. Sutcliffe's accusation.
In his former book he saith, that I purchased three or four good Mannours with the spoil of the Hospital, and that only with the sale of a cottage and three or four Acres of land: or (as to my remembrance he speaketh in another place of his former book) as much land as would graze three or four Goselings. Look also fol. 68. p, 2. of his later Book, & fol. 69. He may mend the matter if it please him, by conveying his lands and leases to his Hospital: By which the law intendeth he hath got them for the most part. And fol. 70. He hath two leases at Welborne, he bought of M r . Alexander Morgan, yearly worth two hundred marks: His lands in Norfolk▪ part whereof he had of his brother Stubbes, amount to half the sum: the value of that he bought in Warwikeshire he knoweth best him self, some benefit he hath made of the leases of the Hospital.
Thomas Cartwright's answer.
Here is a charge of a purchase of three or four good Manors, and two good leases, & both got (for the most part) by the spoil of toHospital, except the price of some small Cottage, &c. For the purchase of three or four Mannours, I never purchased any Manor in my life but the Manor of Saxmundehā in Suffolk, whereof I have yet but he moitie, nether shall have these fourtene or fiftene years, if one M r Johnson's lease be available, as hitherto he hath enjoyed it by me: who have not disturbed his possession. The rent that he yieldeth for the one half of the Demaines is but xxx. shillings by year. The rent of the demeines that I receive (although enhanced as far as the Tennant may live thereof) is yet but xxvi. pound by year. Th'other rentes for Copieholdes come yearly to a iii. pound or thereabouts, as I remember. So that the whole of that I receive cometh to little above xxx. pound by the year. To purchase this I sold of the inheritance my Father & grandfather left, as fair a house for a farm, not only as is in that town where it standeth, but in diverse towns about, which had between eight or nine skoare Acres of arrable land belonging unto it, with commons, meadow & pasture agreeable to the Farms in that country, by year more then three times worth the value that either my father or I received for it, & yet we received between eight and nine pounds yearly of clear rent discharged of all quitte rentes. That M r Sutcliffe may the better inquire into it, the Farm is scituate in Waddon in the county of Cambridge, seven miles from Cambridge, where I had also a coat with a close adjoining unto it, which I sold when I did sell the other. Now where he saith I purchased my lands with my Hospital, I know not why he should so often term it my Hospital, rather then (as it is truly called) the Hospital of the Right honorable the Earl of Leicester: But this I know and profess constantly, that neither I nor any for me purchased one foot of lande since I came to the Hospital: I soulde an annuity in fee-simple of xii. pound x. shillings by year since I came thither, as my L. chief Justice of her Majesty's comō pleas doth well know, before whom I acknowledge a fine: Leases of the Hospital I never made but one only, for which the house & not I received thirty pounds. And because he draweth me to these accoumptes of th'Hospital, I will offer, and in the hearing of any equal and indifferent Auditor will make it clear, that besides my continual travel for the settling and suites of the Hospital, which I (never brought up thereunto) would not have undertaken for any money, but only for conscience and duty to the poor Hospital my L. trusted me with: I have laid out of mine own purse forty marks over and above that which I have received or am like to receive, unless the stock which is holden from the house be recovered. This partly may appear by an Accoumpt I gave up unto her Majesty's Comissioners who had charge (amongst others) to inquire and certify the whole estate of the poor Hospital. Now for the two Leases in Welborne, They were bought by a friend of mine, who being the principal dealer is left out, whether to draw more envy to me, let it be judged, especially of that which hereafter shall appear: I confess I should have had a part therein, but they were never enjoyed either of him or me, but were released to M r Morgan, for that he was not able without his utter vndooing, to perform them. And where he saith they were worth to me two hundred Markes by the year, They never have been nor will be worth to us both two hundred farthings in all: More then that (albeit my L. chief Justice of England dealeth very honorably with us) yet I refer it unto his judgment (if his Lordship will be pleased to speak in so private a matter) that we are great losers by M r Morgan. And M r Morgan (if he have but a spark of good nature) shall be constrained to confess our kind & Christian dealing with him, both in releasing his bargain for a sum far underneath the value it was worth, and forbearing him many years with much patience, after the forfeiture of his Recognoisance and many promises broken with us. Now where he excuseth these two last charges of being Executor to my Brother Stubbes, and of purchase of Lordships (as he doth excuse many other things) in that he doth propound it only in a question, it is unworthy of any answer, not only because a question doth more strongly sometimes avowe, then a bare affirmation, but because he is so violentlie & bitterly carried against the petitioner for the things he hath set down by way of question. And for his excuse of being mistakē by the report of others, I refer it once again to judgment, how it fitteth with the credit of a Minister of the Gospel, to publish (and that in print) whatsoever he receiveth by report, to the discredit of a Minister of the Gospel, and unless M r Sutcliffe will bring forth his reporter, some will happily conceive that it is the invention of his own head. And if he did receive it by report, yet seeing he would blow it abroad by so strong a blast, as is the print, at the least he should not have simply affirmed it, but set it down as a report. Lastly, where he saith that he desireth not to be acquainted with my estate, He forgetteth him self. For in his former book (as I remember, for I have not the book at this present) he promiseth to be a diligent Surveiour or Auditor of mine & others men's Lands. And in deed he is over diligent that can find Lands of mine in Warwikeshire and Norfolk, whereof I myself nor any of my friends know not one foot, yet M r D. Sutcliffe admonished in this behalf of his untruth set forth in his former book, and occasioned thereby to correct him self, feareth not in this later to affirm boldly that if he have done amiss, it is because he hath set down to little, to much, (saith he) I have not set down, fol. 69. pa. 2. fol. 70. p. 1.
M r D. Sutcliffe's accusation.
Having good store of money he hath good skill to make good use of it, M r Francis Michell should have paid him three hundred pound. And for the forbearing of it he received double vsance.
Thomas Cartwright's answer.
What stoare of money I have, I am not bound to give M r Sutcliffe account, what skill I have to make use of it may partly appear by the leases of M r Morgan. And now it will further appear by my dealing with M r Francis Michell, where first, as before he would make me alone the owner of the two Leases, shutting out the principal dealer, so hear for the end before rehearsed, he maketh me M r Michells Creditor for three hundred pound, whereas the Recognoisance he forfeited was to my friend & not to me, and his principal debt was only two hundred pound, and not three hundred pound. Now when the day of paiement approached, he came to me in the Fleet, and offered me interest to forbear, which I utterly refusing, did notwithstanding at his earnest suite and complaint of his distress yield to forbear the debt. And gave him a writing of my hand to this effect, that I was for mine own part content to forbear him, with these conditions, first that my grant should not be hurtful to my friend, not then in town: and secondly, that it should not be prejudicial to the principal sum of two hundred pound. And where as he saith in the Margen, that he will prove this Interest by showing the note of mine own hand, let him show the note and shame either me or him self; And if that be not sufficient to clear my righteousness in this cause, I appeal to his own father M r Mickiell, who was privy to the whole course of our dealing with his son. And we are so far of from taking Interest of him, that to this day being about five years at the least since the money was due, we have not received so much as the principal which we only demanded of him, although we had sued out the forfeiture of his Recognoizance. And touching the matter of Interest, albeit I have always been of judgment for the lawfulness of it, so it be with such caution as Charity (the rule of dealing with our neighbor) be not broken: yet in the time of my greatest necessity, when I was beyond the sea, I receiving assurance only for the bare money I left in the hands of my friends, did never covenant with them for the value of one penny: But was content with whatsoever they them selves of their own accord did alow, whether anything or nothing. Which dealing allowed of those which are the most bitter adversaries of Interest, M r Sutcliffe may think with himself how untruly he dealeth with me in his accusation of Double Vsance.